-The Indian Express In a reference to the row over the allocation of coal blocks, Chief Justice of India S H Kapadia today questioned whether the Centre should have the power to “override” policies framed by state governments. Making it clear that he was not commenting on the merits of the case, Justice Kapadia said scams needed to be analysed through the constitutional principles of federalism and centre-state relations. In this context,...
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Accountability, independence can coexist, Centre tells CJI
-The Hindu ‘Bill does not in any way infringe independence of Judiciary’ Allaying the apprehensions expressed by Chief Justice of India S.H. Kapadia, the Centre on Friday made it clear that the Judicial Standards and Accountability Bill would not in any way infringe the independence of the Judiciary. The attempt to link the Bill with the independence of the Judiciary was not based on facts, the Law and Justice Ministry said, in response...
More »Judicial appointments & disappointments -VR Krishna Iyer
-The Hindu The Constitution of India operates in happy harmony with the instrumentalities of the executive and the legislature. But to be truly great, the Judiciary exercising democratic power must enjoy independence of a high order. But independence could become dangerous and undemocratic unless there is a constitutional discipline with rules of good conduct and accountability: without these, the robes may prove arrogant. It is in this context that Chief Justice S.H....
More »Judicial overreach will erase legitimacy of review, cautions CJI-J Venkatesan
-The Hindu Urging the government not to lose sight of the concept of judicial independence in enacting laws to make judges accountable, Chief Justice of India S.H. Kapadia also called for judicial restraint among judges while delivering judgments. While interpreting the Article of a fundamental right, “we must also keep in mind that there is [an] institutional structure and architecture of the Constitution which provides for checks and balances. Sometimes in our...
More »Don’t come on fishing trips, warns Berne-Ashis Ray
-The Times of India Indian government would be in serious breach of its international obligations if it discloses names of Indians having Swiss bank accounts, other than being compelled to do so by the Judiciary. Speaking to TOI against the backdrop of the recent agitations by Anna Hazare and yoga guru Baba Ramdev for recovery of black money, a spokesman for the federal finance ministry in Switzerland said India "cannot make public"...
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